1) 4662/2017 Const. P. M/s Quality Steel Re-Rolling (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Sindh High Court, Karachi
Matter:SALES TAX
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal
Order Date: 16-APR-21
2) 4662/2017 Const. P. M/s Quality Steel Re-Rolling (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Sindh High Court, Karachi
Matter:SALES TAX
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal
Order Date: 16-APR-21
3) 35/2019 Criminal Appeal Akhtiar Ali Langah & Others (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Larkana
Advocates:Oshaque Ali(839),Irfan Badar abbasi(),Habibullah Ghauri(),Mr. Kamal Azfar Zulqarnain(),Bahadur Ali Shahani(),Aitbar Ali Bullo()
Approved for Reporting
Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
Order Date: 18-MAR-21
4) 5/2021 M.A. Jaag Broadcasting Systems (Private) Limited (Appellant) V/S Pakistan Electronic Media Regulatory Authority (Respondent)
Sindh High Court, Karachi
Topic: PEMRA Ordinance, 2002
Tag Line:
-Once a decision was taken for the withdrawal of the complaint and to refer it to Council of Complaints, Karachi (Sindh) there should be some logical reasons for not referring it to the Council of Complaints, Karachi (Sindh). Logic and reason existed when it was withdrawn from Council of Complaints, KPK to Council of Complaints, Sindh. It was exclusive prerogative of PEMRA and not Council of Complaints, KPK.
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AGAINST DECISION OF PEMRA
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 14-APR-21
5) 427/2021 Const. P. Ghulam Farooq (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
In our view, no candidate shall be appointed to a post unless after such medical examination as Government may prescribe such candidate is found medically fit to discharge the duties of the post. In the present case, the petitioner was relieved from the duties on medical grounds and his appeal was rejected on the same analogy. Besides above, the assertion of the petitioner is misconceived on the premise that he obtained a medical examination fitness test certificate on 02.12.2019 after the rejection of his appeal, on 14.5.2019, thus this document could not be taken into consideration, besides the respondents have relied upon the documents which prima facie show adverse inference against him. Thus, at this stage, we cannot declare him medically fit or otherwise for the subject post, which was a contractual position and by efflux of time expired.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
6) 427/2021 Const. P. Ghulam Farooq (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
In our view, no candidate shall be appointed to a post unless after such medical examination as Government may prescribe such candidate is found medically fit to discharge the duties of the post. In the present case, the petitioner was relieved from the duties on medical grounds and his appeal was rejected on the same analogy. Besides above, the assertion of the petitioner is misconceived on the premise that he obtained a medical examination fitness test certificate on 02.12.2019 after the rejection of his appeal, on 14.5.2019, thus this document could not be taken into consideration, besides the respondents have relied upon the documents which prima facie show adverse inference against him. Thus, at this stage, we cannot declare him medically fit or otherwise for the subject post, which was a contractual position and by efflux of time expired.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
7) 2191/2021 Const. P. Saeed Akhter (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Primarily, this petition has served its purpose, which is disposed of in the terms, whereby the competent authority of the respondent-department is directed to issue posting and transfer orders of the petitioner and the private respondent, if no disciplinary proceedings are pending against them, strictly under the schedule of the establishment of law department KMC, with correct description/designation of their respective posts as per their entitlement under the law. The said exercise shall be undertaken within two weeks from the date of this order.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
8) 2191/2021 Const. P. Saeed Akhter (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Primarily, this petition has served its purpose, which is disposed of in the terms, whereby the competent authority of the respondent-department is directed to issue posting and transfer orders of the petitioner and the private respondent, if no disciplinary proceedings are pending against them, strictly under the schedule of the establishment of law department KMC, with correct description/designation of their respective posts as per their entitlement under the law. The said exercise shall be undertaken within two weeks from the date of this order.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
9) 6300/2020 Const. P. Bashir Ahmed Abbasi Kalhoro (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Prima facie under the Sindh Rules of Business, 1986, the Chief Minister is the Chief Executive of the Province; and, has no direct role whatsoever in the matter of a Junior School Teacher, about his appointment, posting, transfer, promotion, and disciplinary issues. On the aforesaid proposition, the Hon???ble Supreme Court in the case of The STATE v. ANWAR SAIF ULLAH KHAN (PLD 2016 Supreme Court 276)
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
10) 6300/2020 Const. P. Bashir Ahmed Abbasi Kalhoro (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Prima facie under the Sindh Rules of Business, 1986, the Chief Minister is the Chief Executive of the Province; and, has no direct role whatsoever in the matter of a Junior School Teacher, about his appointment, posting, transfer, promotion, and disciplinary issues. On the aforesaid proposition, the Hon???ble Supreme Court in the case of The STATE v. ANWAR SAIF ULLAH KHAN (PLD 2016 Supreme Court 276)
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 15-APR-21
11) 468/2011 Spl. Cus. Ref. A. Collector of Customs Model (Applicant) V/S Great Eastern Trading Co (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 13-APR-21
12) 468/2011 Spl. Cus. Ref. A. Collector of Customs Model (Applicant) V/S Great Eastern Trading Co (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 13-APR-21
13) 6015/2020 Const. P. M/s Harris Silicons & Glass Pvt Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 14-APR-21
14) 6015/2020 Const. P. M/s Harris Silicons & Glass Pvt Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 14-APR-21
15) 6604/2020 Const. P. Nasim Ahmed Memon (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner is an educationist and has been serving in the Public Education Sector in Sindh since 1987. Per learned counsel the Universities and Boards Department, the Government of Sindh, Karachi invited application for the position of ???Chairman-Board??? and petitioner was one of the candidates for the aforesaid post--
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APPOINTMENT
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 13-APR-21
16) 6604/2020 Const. P. Nasim Ahmed Memon (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner is an educationist and has been serving in the Public Education Sector in Sindh since 1987. Per learned counsel the Universities and Boards Department, the Government of Sindh, Karachi invited application for the position of ???Chairman-Board??? and petitioner was one of the candidates for the aforesaid post--
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APPOINTMENT
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 13-APR-21
17) 6550/2020 Const. P. Abdul Raheem @ Manghar (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:LAND MATTERS
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro(Author), Hon'ble Mr. Justice Shamsuddin Abbasi(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 12-APR-21
18) 6550/2020 Const. P. Abdul Raheem @ Manghar (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:LAND MATTERS
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro(Author), Hon'ble Mr. Justice Shamsuddin Abbasi(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 12-APR-21
19) 6550/2020 Const. P. Abdul Raheem @ Manghar (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:LAND MATTERS
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro(Author), Hon'ble Mr. Justice Shamsuddin Abbasi(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 12-APR-21
20) 4112/2019 Const. P. Muhammad Imran (Petitioner) V/S Govt. of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Petitioner seeks appointment in the Karachi University as Adhoc Teacher, based on differently-abled quota on the premise that he was/is a qualified and fit person to be considered for the subject post.
Read more Matter:
APPOINTMENT
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 12-APR-21
21) 4112/2019 Const. P. Muhammad Imran (Petitioner) V/S Govt. of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Petitioner seeks appointment in the Karachi University as Adhoc Teacher, based on differently-abled quota on the premise that he was/is a qualified and fit person to be considered for the subject post.
Read more Matter:
APPOINTMENT
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 12-APR-21
22) 2513/2021 Const. P. Asif Ali Unar and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
posting and transfer of District Food Controllers (DFCs) and Assistant District Food Controllers (ADFCs) in Food Department, Government of Sindh--Before parting with this order, we may observe that the transfer and posting is the prerogative of the respondent department as provided under Section 10 of the Sindh Civil Servants Act, 1973. However, the petitioners have raised the hue and cry in the matter with the assertion that their transfer and posting is based on malafide intention to accommodate the beneficiaries to usurp the huge amount or kickbacks in the disbursement of wheat in their respective area. If this is the factual position of the case, the Chief Secretary, Sindh, and Secretary Food Department, Government of Sindh, are directed to look into the affairs of disbursement of wheat in the Province of Sindh personally and ensure that the wheat is disbursed strictly under the law.
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SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 09-APR-21
23) 2513/2021 Const. P. Asif Ali Unar and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
posting and transfer of District Food Controllers (DFCs) and Assistant District Food Controllers (ADFCs) in Food Department, Government of Sindh--Before parting with this order, we may observe that the transfer and posting is the prerogative of the respondent department as provided under Section 10 of the Sindh Civil Servants Act, 1973. However, the petitioners have raised the hue and cry in the matter with the assertion that their transfer and posting is based on malafide intention to accommodate the beneficiaries to usurp the huge amount or kickbacks in the disbursement of wheat in their respective area. If this is the factual position of the case, the Chief Secretary, Sindh, and Secretary Food Department, Government of Sindh, are directed to look into the affairs of disbursement of wheat in the Province of Sindh personally and ensure that the wheat is disbursed strictly under the law.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 09-APR-21
24) 99/2012 II.A. Abdul Rahim Memon (Appellant) V/S Mst. Amna Shaikh & ors (Respondent)
Sindh High Court, Karachi
Topic: Qanun-e-Shahadat Order, 1984
Tag Line:
Whatever is deposed by the attorney, he deposed it on behalf of the principal on instruction and hence nothing could be taken away on the count that it was hearsay
-Plaintiff/respondent has also examined one of the witnesses of the agreement whereas the other had expired and hence according to Qanoon-e-Shahadat Order, 1984, it was otherwise proved through the evidence available on record. On the other hand the appellant examined himself only without corroboration of any other witnesses. Even
defendants No.2 and 3 did not turn up to examine themselves and/or to support the appellant/defendant No.1.
Read more Matter:
AGAINST ORDER
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 10-APR-21
25) 2186/2021 Const. P. Zabardast Khan Mehar (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
NAB Petition for Reduction of Surety Amount
Read more Matter:
DIRECTION
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 05-APR-21
26) 2186/2021 Const. P. Zabardast Khan Mehar (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
NAB Petition for Reduction of Surety Amount
Read more Matter:
DIRECTION
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 05-APR-21
27) 70/2016 II.A. Muhammad Farooq (Appellant) V/S Ranomal and others (Respondent)
Sindh High Court, Karachi
Topic: Contract Act
Tag Line:
I have reached to the conclusion that perhaps these power of attorney and sub-power of attorney are to be read with the sale agreement and sale consideration and the contents of the power of attorney which may be looked into in terms of Section 200 and 202 of the Contract Act and some view had to be formed whether it coupled with interest. In that case if the property was not enjoyed by Safari Construction (Pvt.) Limited it was surely enjoyed by one of the Directors i.e. Allah Dino Behan and at one point of time the widow of Allah Dino Behan i.e. Mominat Behan, may be as chief executive of Safari Construction (Pvt.) Limited, entered into agreement of sale, having share in it. The sale consideration for plot was paid by Allah Dino Behan. If at all for any technical reason the performance could not be sought against Safari Construction (Pvt.) Limited, it could well be asked against an individual Allah Dino Behan and/or widow Mominat who acquired share in it when she entered into agreement.
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AGAINST THE JUDGEMENT
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 08-APR-21
28) 154/2021 Const. P. TARIQ MASOOD (Petitioner) V/S SHER MUHAMMAD DIN & OTHERS (Respondent)
Sindh High Court, Karachi
Topic: Sindh Rented Premises Ordinance,1979
Tag Line:
The respondent may have proved the ownership of the property but then the relationship of landlord and tenant has to be established independently. It has to be proved through reliable evidence and documents that applicant/respondent apart from being owner of property was also the landlord of the occupant.
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RENT MATTER
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 09-APR-21
29) 8065/2019 Const. P. Abdul Latif Narejo and Ors (Petitioner) V/S E.O.B.I and Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
we asked the learned counsel for respondent-Institution under what law and authority they attempted to nullify the effect of the judgment passed by this Court, maintained by the Hon???ble Supreme Court as discussed supra.
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SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 08-APR-21
30) 8065/2019 Const. P. Abdul Latif Narejo and Ors (Petitioner) V/S E.O.B.I and Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
we asked the learned counsel for respondent-Institution under what law and authority they attempted to nullify the effect of the judgment passed by this Court, maintained by the Hon???ble Supreme Court as discussed supra.
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SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 08-APR-21
31) 543/2020 Spl. Cus. Ref. A. Director, D.G of post Clearance Audit Customs (Applicant) V/S M/s Bin Saeed Enterprises (Respondent)
Sindh High Court, Karachi
Matter:AGAINST THE JUDGEMENT
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
32) 543/2020 Spl. Cus. Ref. A. Director, D.G of post Clearance Audit Customs (Applicant) V/S M/s Bin Saeed Enterprises (Respondent)
Sindh High Court, Karachi
Matter:AGAINST THE JUDGEMENT
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
33) 74/2016 I.T.R.A THE COMMISSIONER INLAND REVENUE (Applicant) V/S DAWOOD ISLAMIC BANK LTD (NOW BURJ BANK) (Respondent)
Sindh High Court, Karachi
Matter:INCOME TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 09-APR-21
34) 74/2016 I.T.R.A THE COMMISSIONER INLAND REVENUE (Applicant) V/S DAWOOD ISLAMIC BANK LTD (NOW BURJ BANK) (Respondent)
Sindh High Court, Karachi
Matter:INCOME TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 09-APR-21
35) 471/2017 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Victory Pipe Industries (Pvt) Ltd, Islamabad. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
36) 471/2017 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Victory Pipe Industries (Pvt) Ltd, Islamabad. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
37) 243/2012 Spl. Cus. Ref. A. Collector of Customs. (Applicant) V/S Paramount Enterprises. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
38) 243/2012 Spl. Cus. Ref. A. Collector of Customs. (Applicant) V/S Paramount Enterprises. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
39) 426/2019 Spl. Cus. Ref. A. United Refrigeration Industires Ltd. (Applicant) V/S Director D I&I-FBR (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
40) 426/2019 Spl. Cus. Ref. A. United Refrigeration Industires Ltd. (Applicant) V/S Director D I&I-FBR (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 08-APR-21
41) 6241/2016 Const. P. Anjum Badar (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
petitioners have prayed that their temporary contractual appointments / services be regularized in BPS-17 under Section 3 of The Sindh (Regularization of Adhoc and Contract Employees) Act, 2013---Whether temporary employees appointed on contract in BS 16 and above can be deemed to have been validly appointed on regular basis, without going through the competitive process of selection through the Sindh Public Service Commission, merely in view of Section 3 of the Act of 2013 ?--Whether the mandatory requirement of competitive process of selection only through the Sindh Public Service Commission for appointments in BS 16 and above, which is the command of the Constitution and specific direction to the Government of Sindh by the Hon???ble Supreme Court, can be waived, relaxed, done away with, exempted and or bypassed in view of Section 3 of the Act of 2013 ?--Whether the petitioners have any vested right for regular appointment, or to claim regularization, or to approach this Court in its constitutional jurisdiction to seek redressal of their grievance relating to regularization ; and, is there any corresponding legal duty cast on the Government of Sindh to appoint them on regular basis ? If no, then can a writ of mandamus to this effect be issued against the Government of Sindh ? --Whether Section 3 of the Act of 2013, to the extent of regularization / appointment in BS 16, 17 and 18 without the mandatory competitive process of selection through the Sindh Public Service Commission, is ultra vires the Constitution and against the law laid down and the direction given by the Hon???ble Supreme Court to the Government of Sindh in Ali Azhar Khan Baloch and others V/S Province of Sindh and others, 2015 SCMR 456.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Nadeem Akhtar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 08-APR-21
42) 6241/2016 Const. P. Anjum Badar (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
petitioners have prayed that their temporary contractual appointments / services be regularized in BPS-17 under Section 3 of The Sindh (Regularization of Adhoc and Contract Employees) Act, 2013---Whether temporary employees appointed on contract in BS 16 and above can be deemed to have been validly appointed on regular basis, without going through the competitive process of selection through the Sindh Public Service Commission, merely in view of Section 3 of the Act of 2013 ?--Whether the mandatory requirement of competitive process of selection only through the Sindh Public Service Commission for appointments in BS 16 and above, which is the command of the Constitution and specific direction to the Government of Sindh by the Hon???ble Supreme Court, can be waived, relaxed, done away with, exempted and or bypassed in view of Section 3 of the Act of 2013 ?--Whether the petitioners have any vested right for regular appointment, or to claim regularization, or to approach this Court in its constitutional jurisdiction to seek redressal of their grievance relating to regularization ; and, is there any corresponding legal duty cast on the Government of Sindh to appoint them on regular basis ? If no, then can a writ of mandamus to this effect be issued against the Government of Sindh ? --Whether Section 3 of the Act of 2013, to the extent of regularization / appointment in BS 16, 17 and 18 without the mandatory competitive process of selection through the Sindh Public Service Commission, is ultra vires the Constitution and against the law laid down and the direction given by the Hon???ble Supreme Court to the Government of Sindh in Ali Azhar Khan Baloch and others V/S Province of Sindh and others, 2015 SCMR 456.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Nadeem Akhtar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 08-APR-21
43) 928/2015 Spl. Cus. Ref. A. Collector of Customs MCC Appraisement East (Applicant) V/S M/s Hi Tech Impex & Another (Respondent)
Sindh High Court, Karachi
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
44) 928/2015 Spl. Cus. Ref. A. Collector of Customs MCC Appraisement East (Applicant) V/S M/s Hi Tech Impex & Another (Respondent)
Sindh High Court, Karachi
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
45) 2695/2017 Const. P. Syed Muhammad S/o Muhammad Anwar (Petitioner) V/S Noorullah & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
-The petitioner while making such statement of alleged purchase has not realized the burden he took over. There is a marked difference in the probative value of entering into possession for the first time as tenant, and continuing in possession with claim of change in its nomenclature. Where occupant claiming his continuous possession as other than original character, it is expected that some trustworthy evidence in furtherance of his subsequently claimed character would be shown, failing whereof his admitted character would concur (Reliance2).
-This PT-1 was then followed by another PT-1, which is claimed by the respondent No.1. This PT-1 then followed by notice under section 18 of Sindh Rented Premises Ordinance, 1979. While recovering taxes in terms of the gross annual rental value, as assessed by authority under ibid Act, constructive possession of the respondent No.1 had been identified and regulated. It may not constitute the ownership but it does authorize the one who was found in constructive possession, to regulate his possession as required under the law. This was thus a jura possession recognized by Sindh Urban Immovable Property Tax Act and rules framed thereunder of 1958. Thus having constructive jura possession with reference to property in question, an authoritative recognition in the shape of PT-1 was issued.
-This PT-1 would enable the respondent No.1 to deal with his possession as deem fit and proper under the law. It is not in dispute that respondent No.1 was and is responsible for payment of annual gross rental value and it is not in dispute that in terms of Section 14 of Sindh Urban Immovable Property Tax Act, 1958, the tax recoverable from any person on account of any building or land, if found in arrears, it shall be lawful for the proscribed authority to serve upon any person paying rent in respect of that building or land or any part thereof to the person from whom the arrears are due, a notice for the recovery of such taxes may be issued to the tenants or one from whom such taxes are required in terms of PT-1. It also enables the authority that if a person willfully fails or neglects to comply with the notice, the authority may after giving him an opportunity of being heard proceed against him as it could have proceeded under the provisions of this act against the defaulter of the tax.
-Thus, in my view this PT-1 authorizes respondent No.1 to deal with this property as deem fit and proper and a lawful notice under section 18 of Sindh Rented Premises Ordinance, 1979 was issued to the petitioner to apprise him about the current situation as to the change of PT-1 and authority of new landlord.
Read more Matter:
RENT MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 08-APR-21
46) 310/2021 Const. P. Habib Bank Limited (Petitioner) V/S IXth Rent Controller, Khi (Central) & another (Respondent)
Sindh High Court, Karachi
Tag Line:
-Since statute does not provide remedy of appeal, this petition has been filed to invoke jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973. By dismissal of an application under order VII rule 11 CPC, none of the fundamental right of the petitioner was violated to invoke the jurisdiction of this Court.
-The whole gummit of the lis is yet to be decided and hence if an appeal against such order could not be maintained, how this alternate recourse be made available, when no fundamental right of the petitioner seems to have been violated.
Read more Matter:
RENT MATTER
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 07-APR-21
47) 67/2016 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Haris Trading Co. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
48) 67/2016 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Haris Trading Co. (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 07-APR-21
49) 2001/2021 Const. P. Mirza Anwer Mehmood Baig (Petitioner) V/S DG C.A.A and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner has sought suspension of the operation of Show Cause Notice dated 25.2.2021 issued by the respondent-Pakistan Civil Aviation Authority (???CAA???) on the accusation of production of a copy of the mark sheet No.00575 of BA (Pass) 1st and 2nd Year Examination of 1987, which was later on found fake, which amounts misconduct as provided under Civil Aviation Authority (Efficiency and Discipline) Regulations, 2014.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 07-APR-21
50) 2001/2021 Const. P. Mirza Anwer Mehmood Baig (Petitioner) V/S DG C.A.A and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner has sought suspension of the operation of Show Cause Notice dated 25.2.2021 issued by the respondent-Pakistan Civil Aviation Authority (???CAA???) on the accusation of production of a copy of the mark sheet No.00575 of BA (Pass) 1st and 2nd Year Examination of 1987, which was later on found fake, which amounts misconduct as provided under Civil Aviation Authority (Efficiency and Discipline) Regulations, 2014.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 07-APR-21
51) 4452/2013 Const. P. Mir Hassan (Petitioner) V/S Province of Sindh and ors (Respondent)
Sindh High Court, Karachi
Tag Line:
Son Quota
Read more Matter:
SON QUOTA
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-APR-21
52) 4452/2013 Const. P. Mir Hassan (Petitioner) V/S Province of Sindh and ors (Respondent)
Sindh High Court, Karachi
Tag Line:
Son Quota
Read more Matter:
SON QUOTA
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-APR-21
53) 1578/2021 Const. P. Muhammad Saqib (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
departmental proceedings initiated against him as contemplated under Section 3(b)(c) of the Efficiency and Discipline Rules, 1988--as to how this petition is maintainable against departmental proceedings initiated against him and the final order for dismissal from service served upon him, which action of the respondent-department ought to have been assailed before the learned Sindh Service Tribunal (SST) at Karachi.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-APR-21
54) 1578/2021 Const. P. Muhammad Saqib (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
departmental proceedings initiated against him as contemplated under Section 3(b)(c) of the Efficiency and Discipline Rules, 1988--as to how this petition is maintainable against departmental proceedings initiated against him and the final order for dismissal from service served upon him, which action of the respondent-department ought to have been assailed before the learned Sindh Service Tribunal (SST) at Karachi.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-APR-21
55) 189/2021 Criminal Miscelleneous DR. EHSAN BARI & ANOTHER (Appellant) V/S THE STATE & OTHERS (Respondent)
Sindh High Court, Karachi
Matter:QUASHMENT
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 26-MAR-21
56) 2707/2019 Const. P. Shah Muhammad (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner is seeking direction to the respondents to award him incentive of timescale i.e. BPS-17 to BPS-19, from the date of his entitlement; and, other ancillary benefits, to bring him at par with the employees of other departments of Government of Sindh--whether the petitioner is entitled to the incentive of the timescale from BPS-17 to BPS-19 under the law or otherwise.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 02-APR-21
57) 2707/2019 Const. P. Shah Muhammad (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
the petitioner is seeking direction to the respondents to award him incentive of timescale i.e. BPS-17 to BPS-19, from the date of his entitlement; and, other ancillary benefits, to bring him at par with the employees of other departments of Government of Sindh--whether the petitioner is entitled to the incentive of the timescale from BPS-17 to BPS-19 under the law or otherwise.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 02-APR-21
58) 2217/2021 Const. P. Zeeshan Anjum and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
The main grievance of the petitioners is that their candidature for the post of Police Constable (BPS-05) has been declined without announcing the final merit list i.e. written test and interview--Prima-facie, this petition is not maintainable for the simple reason that no offer of appointment order had been issued in their favor, thus no vested right had/has accrued in favor of the petitioners.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 02-APR-21
59) 2217/2021 Const. P. Zeeshan Anjum and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
The main grievance of the petitioners is that their candidature for the post of Police Constable (BPS-05) has been declined without announcing the final merit list i.e. written test and interview--Prima-facie, this petition is not maintainable for the simple reason that no offer of appointment order had been issued in their favor, thus no vested right had/has accrued in favor of the petitioners.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 02-APR-21
60) 5430/2020 Const. P. Imad Samad (Petitioner) V/S Fed. of Pakistan & Ors (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 31-MAR-21
61) 5430/2020 Const. P. Imad Samad (Petitioner) V/S Fed. of Pakistan & Ors (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 31-MAR-21
62) 6162/2020 Const. P. Ghulam Shabbir (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
reinstatement in service as Staff SDO (B&R)--immoral activities--Article 199(3) of the Constitution--Dismissed.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 01-APR-21
63) 6162/2020 Const. P. Ghulam Shabbir (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
reinstatement in service as Staff SDO (B&R)--immoral activities--Article 199(3) of the Constitution--Dismissed.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 01-APR-21
64) 2169/2021 Const. P. Arsalan Saleem Khan & another (Petitioner) V/S Province of Sindh & Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
Order passed by Division Bench comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Amjad Ali Sahito in C.P. No.D-2169 of 2021 for extension in the date of online registration for the LAW-GAT test.
Read more Matter:
DIRECTION
Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Amjad Ali Sahito
Order Date: 31-MAR-21
65) 2169/2021 Const. P. Arsalan Saleem Khan & another (Petitioner) V/S Province of Sindh & Ors (Respondent)
Sindh High Court, Karachi
Tag Line:
Order passed by Division Bench comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Amjad Ali Sahito in C.P. No.D-2169 of 2021 for extension in the date of online registration for the LAW-GAT test.
Read more Matter:
DIRECTION
Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Amjad Ali Sahito
Order Date: 31-MAR-21
66) 4462/2020 Const. P. Ghulam Hussain (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
appointment for the post of Naib Qasid in respondent-School Education and Literacy Department, Government of Sindh--Rule 16 of The Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974--The matter is remanded to the competent authority of respondents for afresh decision on the issue of appointment of Naib Qasid under law, and consider the case of the petitioner for the subject post within two months, from the date of receipt of the order of this Court and submit compliance report through MIT-II of this Court.
Read more Matter:
APPOINTMENT
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 31-MAR-21
67) 4462/2020 Const. P. Ghulam Hussain (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
appointment for the post of Naib Qasid in respondent-School Education and Literacy Department, Government of Sindh--Rule 16 of The Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974--The matter is remanded to the competent authority of respondents for afresh decision on the issue of appointment of Naib Qasid under law, and consider the case of the petitioner for the subject post within two months, from the date of receipt of the order of this Court and submit compliance report through MIT-II of this Court.
Read more Matter:
APPOINTMENT
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 31-MAR-21
68) 211/2017 Spl. Cus. Ref. A. Director General Customs Valuation (Applicant) V/S M/s. Carewell Traders (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 31-MAR-21
69) 211/2017 Spl. Cus. Ref. A. Director General Customs Valuation (Applicant) V/S M/s. Carewell Traders (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 31-MAR-21
70) 1862/2021 Const. P. Rao Muhammad Azeem (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
disciplinary proceedings initiated against him by the respondent-Police Department--Rule 3(a) (b) of the Sindh Police (Efficiency & Discipline) Rule, 1988--disciplinary proceedings initiated against him which falls within the ambit of Section 3(2) of the Sindh Service Tribunal Act, 1974 which provides that the tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants including the disciplinary matters.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
71) 1862/2021 Const. P. Rao Muhammad Azeem (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
disciplinary proceedings initiated against him by the respondent-Police Department--Rule 3(a) (b) of the Sindh Police (Efficiency & Discipline) Rule, 1988--disciplinary proceedings initiated against him which falls within the ambit of Section 3(2) of the Sindh Service Tribunal Act, 1974 which provides that the tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants including the disciplinary matters.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
72) 1427/2018 Const. P. Muhammad Rafiq (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
seeking appointment as Primary School Teacher (PST) on the premise that he secured 94 marks in National Testing Service (NTS) test and his credentials were duly verified by the competent authority--we are not in a position to say for and against the documents attached with the memo of the petition and on this scope alone this petition fails on the ground of disputed question of facts. No case is made out for interfering with the impugned order dated 21.3.2017 passed by Director School Education (Primary) Sukkur Region, Sukkur (Chairman DRC
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
73) 1427/2018 Const. P. Muhammad Rafiq (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
seeking appointment as Primary School Teacher (PST) on the premise that he secured 94 marks in National Testing Service (NTS) test and his credentials were duly verified by the competent authority--we are not in a position to say for and against the documents attached with the memo of the petition and on this scope alone this petition fails on the ground of disputed question of facts. No case is made out for interfering with the impugned order dated 21.3.2017 passed by Director School Education (Primary) Sukkur Region, Sukkur (Chairman DRC
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
74) 2135/2021 Const. P. Noman Ali Bhatti (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Sindh Education Foundation --we conclude that there is no illegality, infirmity, or material irregularity in the impugned letters dated 06.02.2020 & 30.11.2020 issued by the respondent-SEF. Besides, the issue of continue in service, since he is facing the NAB reference based on moral turpitude, thus we cannot order the competent authority to continue his service.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
75) 2135/2021 Const. P. Noman Ali Bhatti (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Sindh Education Foundation --we conclude that there is no illegality, infirmity, or material irregularity in the impugned letters dated 06.02.2020 & 30.11.2020 issued by the respondent-SEF. Besides, the issue of continue in service, since he is facing the NAB reference based on moral turpitude, thus we cannot order the competent authority to continue his service.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-MAR-21
76) 3009/2010 Const. P. Shaikh Pipe Mills & Others (Petitioner) V/S Fed of Pakistan & Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 29-MAR-21
77) 3009/2010 Const. P. Shaikh Pipe Mills & Others (Petitioner) V/S Fed of Pakistan & Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 29-MAR-21
78) 2207/2021 Const. P. Hafeez ur Rehman (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
suspension from the service--SBCA--we are of the considered view that the Petitioner has to overcome the clog of pendency of disciplinary proceedings against him, if not finalized earlier; the disciplinary proceedings shall be finalized within two months from the date of the decision of this Court.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 29-MAR-21
79) 2207/2021 Const. P. Hafeez ur Rehman (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
suspension from the service--SBCA--we are of the considered view that the Petitioner has to overcome the clog of pendency of disciplinary proceedings against him, if not finalized earlier; the disciplinary proceedings shall be finalized within two months from the date of the decision of this Court.
Read more Matter:
SERVICE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 29-MAR-21
80) 1560/2008 Suit M/S.ISLAMIC EDUCATIONAL INST. (Plaintiff) V/S MUHAMMAD SADIQ (Defendant)
Sindh High Court, Karachi
Tag Line:
Bar to fresh suit under Order XXIII Rule 1(3) CPC
Read more Matter:
NATURE OF CASE NOT ENTERED
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 19-MAR-21
81) 2206/2017 Suit M/s. Chhipa Corporation (Plaintiff) V/S Sui Southern Gas Company Limited & another (Defendant)
Sindh High Court, Karachi
Tag Line:
Explanation clause to Order II Rule 2 CPC
Read more Matter:
DECLARATION
Approved for Reporting
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 17-MAR-21
82) 6920/2019 Const. P. Aache Garments (Pvt) Ltd and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
s.37 STA summons/notice sans underlying inquiry.
Read more Matter:
SALES TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 25-MAR-21
83) 6920/2019 Const. P. Aache Garments (Pvt) Ltd and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:
s.37 STA summons/notice sans underlying inquiry.
Read more Matter:
SALES TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 25-MAR-21
84) 700/2019 Spl. Cus. Ref. A. Director DG I&I (Customs) (Applicant) V/S Aurangzaib & another (Respondent)
Sindh High Court, Karachi
Tag Line:
Release of tampered / smuggled vehicle carrying smuggled items.
Read more Matter:
CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 24-MAR-21
85) 700/2019 Spl. Cus. Ref. A. Director DG I&I (Customs) (Applicant) V/S Aurangzaib & another (Respondent)
Sindh High Court, Karachi
Tag Line:
Release of tampered / smuggled vehicle carrying smuggled items.
Read more Matter:
CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 24-MAR-21
86) 1528/2020 Const. P. Aijaz Hussain Jakhrani (Petitioner) V/S National Accountability Bureau through its Chairman (Respondent)
Sindh High Court, Bench at Sukkur
Tag Line:
National Accountability Ordinance, 1999
Read more
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 16-MAR-21
87) 1528/2020 Const. P. Aijaz Hussain Jakhrani (Petitioner) V/S National Accountability Bureau through its Chairman (Respondent)
Sindh High Court, Bench at Sukkur
Tag Line:
National Accountability Ordinance, 1999
Read more
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 16-MAR-21
88) 115/2015 Cr.J.A Vijay Kumar & Other (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Tag Line:
Appellants were convicted by trial court based on his findings/judgment on circumstantial evidence and the mitigating circumstances for life imprisonment.
It cannot be confidently said that the victim was subjected to humiliation of sodomy by the accused since no such report of sperm test is available.
Furthermore, there is no eye witness of the incident as to how the victim was beaten and how he was kept in a gunny bag and thrown in Channel Wah. The incident allegedly took place on 20.04.2013 whereas the FIR was lodged on 23.04.2013. What happened in between is a mystery as even the lost seen incident was not corroborated to award life imprisonment. Even the alleged motive of ransom is not confidence inspiring as the Complainant???s family was a poor one.
The trial Court determined point No.1 on the basis of mitigating circumstances and the act of terrorism was also found in terms of point No.2. The trial Court based his findings/judgment on circumstantial evidence and the mitigating circumstances. There is no eye witness at all and even the story of the prosecution is not confidence inspiring as the boy who was allegedly abducted belongs to a poor class and it does not inspire confidence that somebody could abduct a child who belongs to a family from whom there are remote chances of any financial benefit.
The conclusion, which could be drawn by the above discussion, would be that the prosecution has not been able to prove its case against the appellants beyond shadow of doubt and to such benefit they are entitled.
In view of the facts and reason discussed above, the conviction and sentence recorded against the appellants by way of impugned Judgment are set-aside;
Read more
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Irshad Ali Shah
Order Date: 24-NOV-21
89) 115/2015 Cr.J.A Vijay Kumar & Other (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Tag Line:
Appellants were convicted by trial court based on his findings/judgment on circumstantial evidence and the mitigating circumstances for life imprisonment.
It cannot be confidently said that the victim was subjected to humiliation of sodomy by the accused since no such report of sperm test is available.
Furthermore, there is no eye witness of the incident as to how the victim was beaten and how he was kept in a gunny bag and thrown in Channel Wah. The incident allegedly took place on 20.04.2013 whereas the FIR was lodged on 23.04.2013. What happened in between is a mystery as even the lost seen incident was not corroborated to award life imprisonment. Even the alleged motive of ransom is not confidence inspiring as the Complainant???s family was a poor one.
The trial Court determined point No.1 on the basis of mitigating circumstances and the act of terrorism was also found in terms of point No.2. The trial Court based his findings/judgment on circumstantial evidence and the mitigating circumstances. There is no eye witness at all and even the story of the prosecution is not confidence inspiring as the boy who was allegedly abducted belongs to a poor class and it does not inspire confidence that somebody could abduct a child who belongs to a family from whom there are remote chances of any financial benefit.
The conclusion, which could be drawn by the above discussion, would be that the prosecution has not been able to prove its case against the appellants beyond shadow of doubt and to such benefit they are entitled.
In view of the facts and reason discussed above, the conviction and sentence recorded against the appellants by way of impugned Judgment are set-aside;
Read more
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Irshad Ali Shah
Order Date: 24-NOV-21
90) 284/2018 H.C.A Famous Brands (Private) Limited (Appellant) V/S Samsonite IP Holdings S.A.R.L & another (Respondent)
Sindh High Court, Karachi
Tag Line:
By moving an application under order VII rule 11 a litigant does not surrender to the jurisdiction of the Court. The jurisdiction is conferred by law based on facts. A litigant may be right or wrong in asserting that the Court had no jurisdiction or that the suit is barred by law. But, this act of litigant would neither confer and/or bestow nor take away any jurisdiction which in fact is conferred by law. Actions of parties prior to litigation leads to constitution of a cause to initiate proceedings in Court of competent jurisdiction.
- If the two applications were not moved simultaneously and would have been filed one after the other, will a litigant still be debarred from filing the other application such as Order VII Rule 10 CPC.A simple answer to this proposition is ???No??? as rejection of plaint has its own reasons whereas return of plaint has its own. In an application under order VII rule 11 a litigant has only to show that it does not disclose a cause of action; the relief claimed is undervalued or is not properly valued and that the suit appears to be barred by law. None of these rational is available while entertaining an application under order VII rule 10 CPC, which is for return of plaint on numerous counts including but not limited to pecuniary jurisdiction and territorial jurisdiction. Courts when plaint is presented are required to see whether they are bestowed with pecuniary and territorial jurisdiction whereas under Order VII Rule 11 CPC Courts are required to see whether it is barred by law. The Court had to apply law to decide the issue of jurisdiction; it is the law that confers or takes away the jurisdiction of the Court and not based on moving of application under the aforesaid provision of law. Another proposition is that while entertaining and hearing application under order VII rule 11 CPC Court is empowered to return the plaint if the circumstances so warrants as required under the law.
-Section 86(3) of the Trademark Ordinance, 2001 provides that owner of the trademark which is entitled to protection under the Paris Convention as a well-known trademark shall be entitled to restrain by injunction the use in Pakistan of a trademark which, or the essential part of which, is identical or deceptively similar to the well-known trademark in relation to identical or similar goods or services, where the use is likely to cause confusion or where such use cause dilution of the distinctive quality of the well-known trademark.
- At the very outset there is nothing in the instant case which could attract Section 81 of Trademark Ordinance, 2001. The proprietor of the mark never gave up their right or it has not been demonstrated that for continuous period of five years from the date of alleged registration (in favour of user) in the use of registered mark in Pakistan, the proprietor was aware of it and that the proprietor ceased to be entitled on the basis of that earlier trademark or other rights. The engagement of the appellant with the respondent itself is enough to understand that there was no case of acquiescence at all. In fact the appellant conceded when they assumed the role of a distributor.
-The appellate Court normally avoid interfering in the orders of the interlocutory nature involving exercise of discretion as the appellate Court cannot substitute its own discretion unless when the discretion has been exercised arbitrarily, capriciously, perversely or where the Court has ignored certain principles regulating grant or refusal of injunction. The appellate Court is not required to reassess the material to reach a conclusion different from the one reached by the trial Court/learned Single Judge on the consideration that another view is possible.
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AGAINST THE ORDER
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 19-MAR-21
91) 284/2018 H.C.A Famous Brands (Private) Limited (Appellant) V/S Samsonite IP Holdings S.A.R.L & another (Respondent)
Sindh High Court, Karachi
Tag Line:
By moving an application under order VII rule 11 a litigant does not surrender to the jurisdiction of the Court. The jurisdiction is conferred by law based on facts. A litigant may be right or wrong in asserting that the Court had no jurisdiction or that the suit is barred by law. But, this act of litigant would neither confer and/or bestow nor take away any jurisdiction which in fact is conferred by law. Actions of parties prior to litigation leads to constitution of a cause to initiate proceedings in Court of competent jurisdiction.
- If the two applications were not moved simultaneously and would have been filed one after the other, will a litigant still be debarred from filing the other application such as Order VII Rule 10 CPC.A simple answer to this proposition is ???No??? as rejection of plaint has its own reasons whereas return of plaint has its own. In an application under order VII rule 11 a litigant has only to show that it does not disclose a cause of action; the relief claimed is undervalued or is not properly valued and that the suit appears to be barred by law. None of these rational is available while entertaining an application under order VII rule 10 CPC, which is for return of plaint on numerous counts including but not limited to pecuniary jurisdiction and territorial jurisdiction. Courts when plaint is presented are required to see whether they are bestowed with pecuniary and territorial jurisdiction whereas under Order VII Rule 11 CPC Courts are required to see whether it is barred by law. The Court had to apply law to decide the issue of jurisdiction; it is the law that confers or takes away the jurisdiction of the Court and not based on moving of application under the aforesaid provision of law. Another proposition is that while entertaining and hearing application under order VII rule 11 CPC Court is empowered to return the plaint if the circumstances so warrants as required under the law.
-Section 86(3) of the Trademark Ordinance, 2001 provides that owner of the trademark which is entitled to protection under the Paris Convention as a well-known trademark shall be entitled to restrain by injunction the use in Pakistan of a trademark which, or the essential part of which, is identical or deceptively similar to the well-known trademark in relation to identical or similar goods or services, where the use is likely to cause confusion or where such use cause dilution of the distinctive quality of the well-known trademark.
- At the very outset there is nothing in the instant case which could attract Section 81 of Trademark Ordinance, 2001. The proprietor of the mark never gave up their right or it has not been demonstrated that for continuous period of five years from the date of alleged registration (in favour of user) in the use of registered mark in Pakistan, the proprietor was aware of it and that the proprietor ceased to be entitled on the basis of that earlier trademark or other rights. The engagement of the appellant with the respondent itself is enough to understand that there was no case of acquiescence at all. In fact the appellant conceded when they assumed the role of a distributor.
-The appellate Court normally avoid interfering in the orders of the interlocutory nature involving exercise of discretion as the appellate Court cannot substitute its own discretion unless when the discretion has been exercised arbitrarily, capriciously, perversely or where the Court has ignored certain principles regulating grant or refusal of injunction. The appellate Court is not required to reassess the material to reach a conclusion different from the one reached by the trial Court/learned Single Judge on the consideration that another view is possible.
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AGAINST THE ORDER
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 19-MAR-21
92) 311/2020 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Super Star Company (Respondent)
Sindh High Court, Karachi
Tag Line:
Retrospective effect of beneficial notification.
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CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 10-MAR-21
93) 311/2020 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Super Star Company (Respondent)
Sindh High Court, Karachi
Tag Line:
Retrospective effect of beneficial notification.
Read more Matter:
CUSTOM MATTER
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 10-MAR-21
94) 7042/2018 Const. P. M/s Karachi Golf Club (Pvt) Ltd (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Doctrine of Mutuality.
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SALES TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 10-MAR-21
95) 7042/2018 Const. P. M/s Karachi Golf Club (Pvt) Ltd (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Tag Line:
Doctrine of Mutuality.
Read more Matter:
SALES TAX
Approved for Reporting
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 10-MAR-21
96) 422/2018 H.C.A Zafar Ali Kayani & others (Appellant) V/S Ahmed Saleem Khan & others (Respondent)
Sindh High Court, Karachi
Topic: Civil Procedure Code CPC
Matter:AGAINST ORDER
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 09-OCT-20
97) 422/2018 H.C.A Zafar Ali Kayani & others (Appellant) V/S Ahmed Saleem Khan & others (Respondent)
Sindh High Court, Karachi
Topic: Civil Procedure Code CPC
Matter:AGAINST ORDER
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 09-OCT-20
98) 8/2016 M.A. M/s. EFU General Insurance Ltd. (Appellant) V/S Jahangir Moghul (Respondent)
Sindh High Court, Karachi
Topic: Qanun-e-Shahadat Order, 1984, Civil Procedure Code CPC
Matter:INSURANCE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 09-FEB-21
99) 8/2016 M.A. M/s. EFU General Insurance Ltd. (Appellant) V/S Jahangir Moghul (Respondent)
Sindh High Court, Karachi
Topic: Qanun-e-Shahadat Order, 1984, Civil Procedure Code CPC
Matter:INSURANCE
Approved for Reporting
Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 09-FEB-21
100) 756/2017 Const. P. S.M Kaleem Makki (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court, Karachi
Topic: Service
Tag Line:
It is the general principle of jurisprudence that the law takes its effect from the date of promulgation and ???interpretation of the said law??? cannot be subjected to the doctrine of retrospective effects unless expressed specifically in the judgment, therefore, Mustafa Impex???s case is to be applied prospectively, in general. It is the existence of law at the relevant time that counts, which may have been interpreted at a later date. Since the deficiency in the appointment notification as far as Provincial Cabinet is concerned, is not questioned no challenge could be thrown.
The principle we derive from the conclusion of the aforesaid three judgments is that Mustafa Impex only invalidates those actions retrospectively which were impugned in that lis and not all others, so by virtue of aforesaid principle the notification for the appointment of the petitioner is saved whereas it set a mechanism for future course i.e. issuance of impugned notification.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 28-OCT-19
101) 756/2017 Const. P. S.M Kaleem Makki (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court, Karachi
Topic: Service
Tag Line:
It is the general principle of jurisprudence that the law takes its effect from the date of promulgation and ???interpretation of the said law??? cannot be subjected to the doctrine of retrospective effects unless expressed specifically in the judgment, therefore, Mustafa Impex???s case is to be applied prospectively, in general. It is the existence of law at the relevant time that counts, which may have been interpreted at a later date. Since the deficiency in the appointment notification as far as Provincial Cabinet is concerned, is not questioned no challenge could be thrown.
The principle we derive from the conclusion of the aforesaid three judgments is that Mustafa Impex only invalidates those actions retrospectively which were impugned in that lis and not all others, so by virtue of aforesaid principle the notification for the appointment of the petitioner is saved whereas it set a mechanism for future course i.e. issuance of impugned notification.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 28-OCT-19
102) 8331/2018 Const. P. Mehboob Ali and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Topic: Service matters (Regularisation of Employee)
Tag Line:
Regularization Act 2013 does not suggest that all those contractual employees for whom the basic requirements of transparency is not fulfilled, are also entitled to be regularized. Regularization of Ad-hoc or contract employees under Act of 2013 is not open for all those contractual and ad-hoc employees for whom the codel formalities have not been fulfilled thus a competition should have been made available amongst all those who were interested in the appointments on subject posts. We would not approve the process involved in the appointment of petitioners, which could ultimately deprive the eligible and entitled persons of a fair competition and a precedent could be made to cater the system where the appointment of selected persons, can be legitimized.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 11-OCT-19
103) 8331/2018 Const. P. Mehboob Ali and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Topic: Service matters (Regularisation of Employee)
Tag Line:
Regularization Act 2013 does not suggest that all those contractual employees for whom the basic requirements of transparency is not fulfilled, are also entitled to be regularized. Regularization of Ad-hoc or contract employees under Act of 2013 is not open for all those contractual and ad-hoc employees for whom the codel formalities have not been fulfilled thus a competition should have been made available amongst all those who were interested in the appointments on subject posts. We would not approve the process involved in the appointment of petitioners, which could ultimately deprive the eligible and entitled persons of a fair competition and a precedent could be made to cater the system where the appointment of selected persons, can be legitimized.
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SERVICE
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry
Order Date: 11-OCT-19